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Andrew D. Skale




Andrew is a skilled intellectual property attorney and commercial litigator who is adept at handling a wide array of matters. He litigates patent, trademark, and copyright disputes in courts around the country, and prosecutes patents and trademarks before the US Patent and Trademark Office. His capabilities also encompass entertainment law and general commercial litigation. Companies in diverse sectors — technology, consumer products, life sciences, manufacturing, nonprofits, arts and entertainment, among others — seek his representation in cases, disputes, contract negotiations, and settlement discussions. His breadth of work has involved famous intellectual property rights, as well as startup companies just developing their rights.

Andrew’s practice is focused on patent, trademark, copyright litigation, and entertainment law. In addition, Andrew has prosecuted hundreds of patents and trademarks before the US Patent and Trademark Office.

Andrew is frequently sought after for his legal expertise. He has appeared on CNBC’s Squawk Box and has been featured on KCEO radio as a commentator on intellectual property law. He served as an expert witness on trademark law in California state court, presented on issues of IP to numerous trade groups, schools, and industry clients, and has spoken at the University of San Diego regarding entertainment law.

Andrew is a semi-professional magician and member of The Academy of Magical Arts.

He also has managed a number of little league baseball, softball, and basketball teams.


  • New York University (JD, cum laude)
  • University of Illinois (BSEE, minor in Computer Science)


  • Successfully represented MMA fighter Rampage Jackson in a lawsuit with his former manager.
  • Represented Cook Like a Chef, Inc., regarding the television program, Cook Like a Chef.
  • Successfully licensed the Bel Air brand for numerous film and television projects
  • Settled a patent infringement case for Chart Industries, Inc. against GP Strategies Corporation and continues to represent Chart Industries, Inc. in its patent matters before the US Patent and Trademark Office
  • Representing The Brain Observatory, a non-profit research and public benefit organization, in trademark and licensing matters.
  • Represents Upper Deck International in a litigation adverse to The Upper Deck Company.
  • Represents Pony, Inc. in its trademark matters around the world
  • Represented Michelle “Bombshell” McGee in a contract dispute.
  • Represented Stephen Slesinger, Inc. regarding rights to the Winnie-the-Pooh characters, obtaining summary judgment against the Walt Disney Company
  • Represented Stormceptor Corp., obtaining a favorable jury verdict of patent infringement.
  • Represented New Name, Inc. against Disney Enterprises, Inc., regarding trademark and copyright infringement, obtaining a favorable settlement.
  • Represents Red Ryder with respect to trademark matters.
  • Represented SeQual Technologies, Inc. in a patent infringement lawsuit, obtaining a favorable settlement.
  • Represents the Sierra Nevada Corporation in various intellectual property matters.
  • Assist Fantasy Sports, LLC in managing their growing IP portfolio.
  • Represented Avid Identification Systems, Inc., obtaining a mandatory preliminary injunction against Banfield, the Pet Hospital.
  • Representing Chelsea’s Light Foundation, a non-profit organization working to protect children from sexual predators, in trademark and contractual matters.
  • Represented Intel Corporation, obtaining summary judgment against a major competitor
  • Represented Equiplite, in a patent infringement litigation, obtaining a favorable result.
  • Represented Clariti Eyewear, Inc. in successfully appealing to the Federal Circuit, obtaining summary judgment in a patent infringement case. See Aspex Eyewear, Inc. v. Clariti Eyewear, Inc., 605 F. 3d 1305 (Fed. Cir. 2010)
  • Represented Angles BeautyCare Group, Inc. in a jury trial concerning trademark infringement and unfair competition, obtaining a favorable settlement
  • Represents Bullets2Bandages, an apparel brand designed to give thanks to veterans and their families, in various intellectual property matters.
  • Represented Pony, Inc. in two separate trademark disputes against Ford Motor Company and Nike, obtaining favorable results in each case.
  • Obtained judgment for client and maximum statutory damages award for cybersquatting, trademark infringement, and unfair competition
  • Obtained a $12 million summary judgment motion for a breach of contract related to pet food ingredients.
  • Settled a patent infringement case for Suicide Fantasy Sports against ESPN Inc.
  • Settled a case for ASICS spokesperson/wrestler Jordan Burroughs in a dispute against Burroughs' previous licensee Represented ASICS in a contract litigation involving Lutte Licensing Represents ASICS in its patent matters before the US Patent and Trademark Office

Recognition & Awards

  • San Diego Super Lawyers: Intellectual Property Litigation (2019 - 2020)
  • Southern California Super Lawyers: Intellectual Property Litigation (2013 - 2017)
  • San Diego Daily Transcript: Top Attorney: Intellectual Property Litigation, Intellectual Property Transactional (2008)


  • Arbitrator, Better Business Bureau (2000 – present)


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Ex parte WILHELM HEINE: PTAB Rejects Examiner’s Unreasonable Claim Construction

October 7, 2019 | Blog | By Andrew D. Skale, Justin J. Leisey

During patent prosecution, Examiners often liberally apply the broadest reasonable interpretation standard in rejecting claims.  When responding to these rejections, it is important to remember that there are limits to an Examiner’s broadest reasonable interpretation. 
Read more
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U.S. Supreme Court Holds That Copyrights Must Be Registered before Plaintiffs Can File Infringement Suits

March 5, 2019 | Blog | By Susan Neuberger Weller, Andrew D. Skale, Harold Laidlaw

The U.S. Supreme Court held today that bringing a suit for copyright infringement requires that the infringed work actually be registered with the U.S. Copyright Office, and that a mere application for registration will not suffice.
Read more
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Trade Dress Protection

August 27, 2018 | Video | By Andrew D. Skale

Andrew Skale explains the importance of federally registering a restaurant’s “trade dress” in order to protect the substantial investment of time, money, and energy from encroachment by the competition. 
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News & Press

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Mintz Levin is pleased to announce that nine attorneys have been named San Diego Super Lawyers for 2018 while two others have been named San Diego Rising Stars. The annual publication identifies lawyers who have attained a high degree of peer recognition and professional achievement. 
Two Members in the Mintz San Diego office, litigators Andrew Skale and Ben Wagner, wrote an article published in QRS magazine on the topic of restaurant décor, specifically the importance on the part of restaurant owners to protect trade dress.
Andrew Skale, a San Diego-based Member, and Associates Eric Eastham and Richard Maidman authored a Bloomberg Law article discussing what patent holders and accused infringers need to know about equitable estoppel defense.
Seven Mintz attorneys have been named Southern California Super Lawyers for 2017 and five have been named Southern California Rising Stars. Only five percent of area lawyers were named 2017 Southern California Super Lawyers and Rising Stars.  
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This Law360 article discusses a former NFL player Shawne Merriman's trademark lawsuit against Vermont Teddy Bear Co. Inc. for using his "Lights Out" nickname on their products without his permission. Mintz Member Andrew Skale and Associate Natalie Prescott are mentioned as counsel for Merriman.



Essential Copyright: It's What You Need to Know

The State Bar of California

Universal Hilton 555 Universal Hollywood Drive, Universal City, CA


The Fine Print Matters – Boilerplate Contract Clauses Through the Litigator’s Lens

Association of Corporate Counsel - San Diego Chapter

San Diego, CA